In every business relationship there is the potential for conflict over contractual agreements or business operations. When such conflicts arise, there is no need to incur the onerous expense and delays involved in traditional litigation. There are readily available alternative dispute resolution procedures that will enable you to resolve your disputes relatively quickly, fairly and cost-effectively.

Resolving international disputes demands special skills, experience and cultural sensitivity. That’s why thousands of attorneys and their clients turn to JAMS. We are a recognized leader in cross-border mediations and arbitrations, with resources wherever you or your clients do business.

Colleges and universities need to manage, resolve and prevent conflict. As a worldwide leader in dispute resolution, JAMS is singularly qualified to provide a comprehensive range of unique and effective solutions for problems facing students, faculty and administration.

The JAMS ADR blog serves to engage our clients, the legal community and the public in a discussion about alternative dispute resolution. As leaders in mediation, arbitration and more, we strive to remain at the forefront of legal developments, trends and news in areas of law that pertain to ADR.

International commercial arbitration is one of the fastest-growing practices at JAMS. With industry leading rules, JAMS is praised for a highly experienced panel with specialties in many key areas, multilingual case management capabilities, and unparalleled service. JAMS specializes in the resolution of international disputes and is one of the largest providers of commercial arbitration in the world.

Case Manager

Mr. Polsky has extensive experience in the area of medical, dental, psychiatric, chiropractic, veterinary, and legal malpractice claims. His articles on the subject have been published in Bar journals and legal newspapers. Mr. Polsky serves as mediator and neutral arbitrator in these matters and is an approved Kaiser neutral.

Representative Matters

Legal Malpractice

Action by developer to recover $2.6 mm settlement payment and $400 k in defense costs arising from representation in partnership dispute in a limited liability company set up to develop residential real estate. Developer alleges that law firm failed to draft operating agreement in a manner that would have avoided the dispute, failed to give developer a priority distribution and failed to characterize related transactions as that term was used in the partnership operating agreement. (Settlement $1.575 mm)

Action by original writer and producer of old line television series for attorney malpractice, which culminated in the loss of distribution rights to all of his series and productions. (Settlement was obtained)

Allegation of legal malpractice in connection with representation in wrongful termination action. Allegation is failure to move for summary adjudication, and allowing the case to go to trial where there was a clear legal defense. At trial plaintiff recovered $490 k. Appeal bonds were posted and the matter was settled. This action seeks to recover the settlement plus attorney fees. (Settlement $325 k)

Attorney retained to represent client following a motor vehicle accident failed to file a complaint within the period required by the statute of limitations. (Case settled through use of a neutral evaluation process)

Coverage dispute following sinking of vessel in calm seas. Insurer asserted that vessel not seaworthy at the time of the sinking due to rust out of drain plug. Jury ruled against insurer and mediation utilized to resolve bad faith claim and insurer’s errors and omissions claim against counsel at the underlying trial.

Individual sold his company in October 2000 in exchange for a minority interest in the acquiring company plus cash and employment. The best was that the acquiring company could make better use of the purchased technology, prosper, and increase in value. Shortly thereafter tech crashed and so did the deal. The stock of the acquiring company fell 98% in value, the individual was terminated, and then proceeded to sue everyone, including his law firm. Suit against corporate counsel alleged that they failed to insure that employment could not be terminated and failed to keep the client informed of all relevant terms before the contract was signed. Losses were estimated at $5mm. (Settlement $250 k)

Many mediations that began as attorney fee disputes and were responded to by legal malpractice claims.

Allegations of improper dental remediation plan resulting in loss of multiple teeth due to caries.

Alzheimer patient wandered away from convalescent hospital. Police found her and took her to a medical center where she came under the care of an assigned physician. Following tests she was taken to a care center for the elderly. She developed ulcerations to her buttocks, pneumonia, sepsis, decubitus ulcers and dehydration. She was transferred back to the hospital where she died. Elder abuse, medical malpractice and punitive damage claims asserted against hospital and facility by the estate. (Settled)

Binge drinking plaintiff admitted to hospital in an anxious and agitated state. A first-year intern and a medical student attended to him and ordered administration of ativan. Impact of ETOH withdrawal was not considered. Ativan dosing increased and four point restraints were used. Interns failed to diagnose delerium tremons or myocardial infarction. Plaintiff aspirated and went into full cardiac and respiratory arrest while restrained and un-supervised. Plaintiff sustained severe anoxic encephalopathy. (Settlement $3.5 mm)

Botched breast augmentation surgery resulting in left breast deformity. Saline implants not properly inserted below the pectoralis muscle and protruded out of the pocket on the medial side. Assisting physician did not disclose that he is an osteopath and not licensed in California and not insured. Primary physician did not disclose his primary practice as urology. Repeat surgery by a different surgeon corrected most of the conditions. (Settlement $187,500)

Brain damage due to hypoxic encephalopathy following cardiac arrest resulting in persistent vegetative state in 49-year-old woman. (Settlement $1.8 mm)

Claim against hospital, physician and County alleging negligent delivery and neonatal care, including failure to account for group B strep infection in mother, resulting in a birth asphyxia and brain damage. (Settled $1.1 mm)

Claim against OB/Gyn for failure to timely administer VZIG immunization following exposure of mother to chickenpox. Claim included allegation of "wrongful birth." (Arbitration)

Claim arising from care of plaintiff at local hospital for failure to timely treat for a diagnosed myocardial infarction. Due to insurance issues, the regional hospital transferred plaintiff to a County hospital following initial treatment for ventricular fibrillation. At the regional hospital plaintiff was treated, given a stress test, and discharged. Within 24 hours she suffered a massive infarct, encephalopathy and brain damage. (Settlement $1.6 mm)

Claim filed by 24-year-old plaintiff against County hospital and County for care following admission for abdominal complaints. Plaintiff, an acute alcoholic, developed pancreatitis. He was admitted and began withdrawal symptoms. During withdrawal he suffered a complete cardio pulmonary arrest. Primary caregivers prior to the arrest were all interns. Resuscitation was delayed as plaintiff had been placed in a supine position, under restraints and unattended. He sustained anoxic encephalopathy and brain damage. (Settlement $1.65 mm)

ER physician reviewed incorrect patient’s EKG and diagnosed muscle strain. Patient discharged with anti-inflammatory medication. Upon return to ER the following day the chief of cardiology admitted plaintiff and initiated thrombolysis, catheterization, and angioplasty. Necrosis of the left ventricle with resulting ventricular dysfunction resulted. Issue was whether the delayed diagnosis resulted in the damage and shortened the life expectancy of the 58-year-old plaintiff. (Settled at mediation)

Failure to diagnose a lung mass in a 66-year-old patient being treated for lupus. Delay of five months. At time of eventual diagnosis patient was terminal from the lung mass, which was adenocarcinoma. Issue was speed of the cancer as this related to causation. (Settlement $250k)

Failure to monitor, deliver medication to control diabetes, and prevent falls of elderly patient. (Settled)

Fraud and Medical Malpractice in connection with botched breast implant surgery. Defendant doctor a Board Certified urologist did not disclose lack of experience in breast augmentation surgery. Surgical errors corrected in subsequent surgical procedures performed by another MD. (Settlement $87,500)

Improper and excessive use of steroid injections into strained left Achilles Tendon resulting in complete tendon rupture. (Settled at mediation)

Improper removal of four adult teeth in preparation for orthodontia.

Medical malpractice claim against national drug store chain and subcontractor arising out of injuries sustained when a flu shot was administered. It was contended that the flu shot was administered into the rotator cuff, causing a tear. The tear was surgically repaired. Plaintiff was physically active with no history of similar symptoms. (Settled)

Person in long-term care facility fell from bed post-surgery resulting in hip replacement. Allegations of failure to provide adequate nursing care and lack of bed rails. Patient had history of falling from bed, which resulted in the first surgery. (Settlement $150 k)

Plaintiff had sustained many injuries to his back while working as a driver-warehouseman. He had had surgery twice and had been retrained as a technician. He was re-injured using an exercise device while receiving physical therapy. A nut came off the equipment while it was under tension. The action was a workers compensation, product liability and medical malpractice claim. (Settlement $175 k)

Removal of incorrect organ. (Arbitration)

Sexual acts performed while patient under anesthesia. (Settlement $250 k)

Two similar cases involving severe hypoxic ischemic brain injury resulting in mixed choreoathetoid and spastic cerebral palsy secondary to birthing complications. In case # 1, Mother was in a facility attended by a second-year resident who failed to notify a senior resident of complications during labor. Hospital did not have C section capability. Combination resulted in delay of delivery. (Settlement $1.5mm). In case # 2, the 16-year-old mother did not timely report when labor pains commenced. She reported 10 days late with contractions every 10 minutes. The hospital did not have an attending obgyn and the ER physician was too busy. Fetal monitor strips were abnormal but no physician was provided until the head was crowning. The baby was delivered by nursing staff and was flaccid at delivery. The ER physician arrived after birth competed. (Settlement 1.8 mm)

Wheelchair confined 42-year-old was operating her electric wheel chair on a public street when the chair malfunctioned, turned left and over a curb causing the user to fall and sustain serious injury. Injuries included knee fracture and closed head trauma with seizure disorder. (Settled at mediation)

Wrongful death claim resulting from alleged failure by medical provider to discontinue Heparin prior to and after a liver aspiration, leading to shock to the liver and multiple organ damage and death. (Settled $235,000)

Publications on ADR and Attorney Fee Disputes for State and Local Bar Associations, firms, trade associations, and newspapers. Author: "A System for Cost Effective Management of Construction Defect and Complex Litigation." Author: "ADR, Why Does it Work?" Author: "Use of the Special Master in Complex Litigation." Author: "Use of Risk Based Facilitative Dispute Resolution."

Mr. Polsky has lectured throughout the United States. He is an adjunct Professor of Law at the University of Southern California, where he teaches a course he designed on ADR and negotiation, and at the Straus Institute for Dispute Resolution at Pepperdine University School of Law, where he teaches courses in the LLM program. He is available to provide training in negotiation and mediation skill development to corporations and professional organizations.

Counsel Comments

"Nobody works a case like [Alex] and I think all counsel appreciate how prepared he is for tough cases."

- New York Attorney

"Alex went above and beyond the call of duty showing up to our office to review the case the night before[...]. The case did not settle on the day of the [...] mediation and he continued to work [round] the clock on the Friday before trial to get the case resolved. Well done Alex!"- Orange County Attorney

"The thought, care, and attention he put into this mediation really showed and my client appreciated his superior mediation efforts." - Orange County Attorney

“You did a masterful job of handling the many egos in the 2 rooms. The word that always comes to mind about you is ‘unflappable.’”

- Orange County attorney

“Thanks for the great news that this matter has settled. As you know, it was complicated factually and legally, and your resolution of it speaks to your ability and persistence.”

“Unlike other mediators, Mr. Polsky does not give up, he hangs in there and keeps the process going even when others would expect an impasse he gets the job done.”

- Robert Hubbell, Esq. Morrison & Foerster LLP Los Angeles, CA

“Mr. Polsky, your sensitivity to my family’s horrible loss, and your unbiased communication of the risks of trial, allowed us to see the wisdom of settlement. Thank you.”

- Comment from plaintiff after settlement of wrongful death case

“Thank you for taking the time to drive to my home on a Saturday to mediate what might have been an explosive situation. Your calmness and ability to listen to both sides to assist us in reaching an amicable solution was a supreme effort... My humble thanks for your expertise.”

“Your reputation as a hard working settlement judge was definitely confirmed by your efforts in this case.”

- Herbert Hafif, Esq. Claremont, CA

“Thank you for an outstanding job in settling (case name). You handled the (product liability/death by decapitation) matter in an outstanding fashion.”

- David Berglund, Esq. Berglund & Johnson Woodland Hills, CA

“I do not believe this matter would have settled without your assistance.”

- Ronald Darling, Esq. Darling & Risbrough LLP Irvine, CA

“You have a reputation as a closer who is not afraid to get down to business in construction defect cases and get the job done.”

- Kenneth Kasdan, Esq. Kasdan Simonds Weber & Vaughan LLP Irvine, CA

“Mediator Alex Polsky was fantastic!”

- Charles C. McKenna, Esq. Wright, Finlay & Zak Newport Beach, CA

“I wish to express the appreciation I feel for the extremely professional, efficient and friendly manner in which this mediation was conducted. Feel free to use my name as an attorney who feels that Alex Polsky not only gets things done, but also does them in a way that is positive and constructive.”

- Perry Irvine, Esq. Palo Alto, CA

“You brought such and ease and true concern in imparting much needed and practical insight.”

- Angela Pickett, Esq. Long Beach, CA

“Your hard work and constructive efforts were instrumental in bringing this litigation to a successful conclusion for both sides.”

“A party lied [during non binding arbitration] and when confronted with it, Mr. Polsky called a time-out. I thought this was very sensitive of him. Mr. Polsky’s handling of [the witnesses’] distress was very good.”

- Pauline White, Esq. Monrovia, CA

“We very much appreciated Mr. Polsky’s willingness to conduct a late evening session followed by a Sunday session. With his help, we got the case settled.”

- David Hochner, Esq. Rutan & Tucker Costa Mesa, CA

“Very good result on a hard case. Excellent settlement abilities.”

- W.O. Robinson, Esq. ArrowPoint Capital Los Angeles, CA

“As usual, excellent service!”

- Randall Koenig, Esq. Koenig Jacobsen, LLP Irvine, CA

“Mr. Polsky was capable, professional and courteous.”

- William Caplan, Esq. Costa Mesa, CA

“Mr. Polsky was the best mediator I have ever had experience with in this area.”

- Ben Schuck, Esq. Santa Paula, CA

“Mr. Polsky is one of the best mediators I have worked with in my 20 years of practice.”

“Alex is an outstanding mediator. Most sitting judges could learn a thing or two from him.”

- Jeffrey C. Metzger Laguna Hills, CA

“Mr. Polsky presents a welcomed approach to arbitration. In addition to hearing and reviewing all briefs, evidence and argument needed for determination on the issues, he worked with the parties in an effort to produce a settlement.”

- Unsigned letter from attorney

“Mr. Polsky graciously rescheduled the mediation at no cost to accommodate an emergency and then worked hard to produce a settlement.”

- Todd Croutch, Esq. Fonda & Fraser LLP Glendale, CA

“Mr. Polsky was fair, professional and courteous.”

- Adam Siegler, Esq. Greenberg Traurig Santa Monica, CA

“I was especially pleased with the way Mr. Polsky communicated with my clients and explained issues to them. He is a good teacher.”

- (Ref: Complex business mediation) Mark Fredrick, Esq. Santa Ana, CA

“Alex did a great job most importantly explaining the insurance issues and listening to the client’s personal trauma.”

- Colin Barr, Esq. Orbach & Huff LLP Los Angeles, CA

“Alex is one of the most effective mediators with whom I have ever dealt.”

- Carol Burney Lewis Meserve, Mumper & Hughes LLP Los Angeles, CA

“You will always be indelibly etched in my mind for your sensitivity and all you have done to help me end this horrible experience.”

- Plaintiff following settlement of employment dispute

“We wish to express our sincere appreciation for your efforts in successfully mediating the matter last week. We applaud your uncommon perseverance during a most difficult session.”

- K. Stephen Powers Chattanooga, TN

“Thank you again for all of your assistance in helping us to resolve the xxx case. Your experience and patience in mediating the matter, when the parties were essentially polarized following our initial failed mediation before another mediator, helped both sides avoid a lengthy and expensive trial.”

“Thank you for your persistence in helping us reach a successful resolution of this matter. Once settlement was achieved with a majority of the (parties) the court put us in an awkward position where we were forced to consider re-negotiating (past) settlements. You were an oak, and stood firm. Again ou succeeded where your predecessor failed, and this is another testament to your superior skills.”

“My family and I appreciate the expediency in which you handled the case. We wish you a healthy, happy and prosperous future.”

- (Ref. Products liability mediation) B. J. Hagen Houston, TX

“Mr. Polsky is a mediator of the highest competence, and his outstanding professionalism in conducting mediations is a credit to JAMS and to the legal profession.”

- Jon Kodani, Esq. Santa Monica, CA

“While it may seem like arbitration and mediation are old news, Alexander Polsky and Deborah David, of JAMS in Los Angeles, presented updated information and new techniques to help claim professionals become more successful in this area of the industry.”

- Insurance Weekly magazine commenting on a program delivered at the CA Combined Claims Conference

“You have done in one day what 4 other mediators were unable to accomplish in over 25 sessions. The court is indebted to you for your efforts and creativity.”

- Honorable Joan Ettinger, Riverside County Superior Court, upon learning that the major component of a case with over 30 parties and a two year time estimate had been resolved in one specially designed mediation

“On behalf of my client and myself I would like the thank you for your service as a mediator in the above referenced matter. You may wish to know that, in each of the three occasions where you served as mediator on a case wherein I served as counsel for one of the parties, you settled the case. This includes the case where you were taken to the hospital. Your professionalism and expertise are greatly appreciated.”

“Thank you for your hard work. It was a pleasure to finally get to work with you. Your name has been ‘bandied’ about on our employment lawyer listserve as people post inquiries and you always received great reviews. My client felt very comfortable with you and commented that you had a nice, calming style; he also appreciated your honest feedback and felt he could trust you. Those are the types of qualities, along with your legal experience to back you up, which help to make you a great mediator.”

“Thank you for your efforts in resolving the above-entitled case. Quite frankly, I did not feel that this action would settle without your assistance. Again, thank you for your professionalism.”

- Joseph A. Shuff, III, Esq. Shuff Law Firm Santa Ana, CA

“I was extraordinarily pleased with Mr. Polsky’s analysis, effort and perseverance toward attempting to resolve the above referenced matter. Further, his suggestion to meet at lunch with defense counsel was innovative and assisting in developing a rapport, which made final discovery easier as well as eventual settlement.”

- (Ref: Complex business mediation) Jonathan Weber Los Angeles, CA

“Please forgive the delay in writing you this much-deserved ‘thank you’ for the outstanding job you did on this Mediation. … Had you not persuaded the defendants to disclose the 11th hour adverse testimony on the Fire Captain, it would most likely have been a disaster for us at trial. Again, our sincere thank you for a job well done.”

“I've been doing this for more than 20 years and I have never seen a mediator take such a personal interest in a case as you have in this one.Mike King has said you're the best.He is right.Thanks for your help.”

“I look forward to your involvement in the matter and welcome the proactive manner you use in undertaking pre-mediation telephone discussions.”

- (Ref. Employment mediation) Jeffrey Gordon Los Angeles, CA

“Thank you for all your hard work and extra time. It’s refreshing to know that some mediators put in extra time to get a deal done without looking at the ‘clock.’ Kudos to you and your entire staff… ”

- Reza Mirroknian Esq. Los Angeles, CA

“Thank you, Alex: This was one of the most difficult cases on every level that I have had in many years. I thought your work was excellent. I appreciate(d) your constructive comments.”

- Howard Kornberg, Esq. Los Angeles, CA

“What they say about you is true—you get results!”

- Sean McGee, Esq. Irvine, CA

“Thank you for all your assistance in this case. It was one of the more challenging cases I have dealt with, which I consider right in ‘the Polsky zone.’ Meaning, when people tell me they have complex cases, or cases with many moving parts, you are always my first recommendation. Thank you.”

“Your style and realistic approach made the day relatively enjoyable despite difficult dynamics. While it's distasteful to pay anything under the circumstances, and it would have been a fun trial, you are right that from an economic perspective the settlement was the right thing to do. We'll talk again soon. Regards.”

- Vincent J. Davitt, Esq. Murphy Rosen & Meylan LLP Santa Monica, CA

“You did a fantastic job with this (difficult) case.”

- Victoria Ersoff Wood Smith Henning & Berman LLP Los Angeles, CA

“Alex, you did a great job, you are a terrific study!”

- Richard Bridgford, Esq. Bridgford & Gleason Aliso Viejo, CA

“…you were masterful. I look forward to using your skills in the future.”

- Steven Maslauski, Esq. Kirtland & Packard LLP El Segundo, CA

“Thank you so much for your professional and outstanding assistance!”

- M. Kelly Tillery, Esq. Pepper Hamilton LLP Philadelphia, PA

“As always, you managed to make things come together with a good result for all parties. Your considerable talent and personality makes it a pleasure working with you. I enjoyed our off case conversations and look forward to the next mediation….You are one of the hardest working guys I know. I wish you would slow down just a bit. Not so much you don't have time for our mediations, though.”

- Charles Arnold Arnold & Arnold Marine Loss Adjusters

Thank you for staying late and helping bridge a wide cultural cap and some strong personalities to help us settle this difficult case! I don't think many mediators would have pulled it off.

For more information regarding availability, please contact the case manager listed at the top of the page.

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